Dennis Oland gets new 2nd-degree murder trial, as appeal court cites judge's error

The New Brunswick Court of Appeal has ordered a new trial in the second-degree murder conviction of Dennis Oland in the 2011 bludgeoningdeath of his father, Richard.

The appeal panelquashedthe jury's guilty verdict on Monday morning, saying thetrial judge had erred in his instructions to jury on a "key piece of the evidential puzzle"whether Oland had"lied" to policeabout what he was wearing the night they believe his multimillionaire father was killed.

Gasps from Oland'sfamily and friends filledthe small Fredericton courtroom when the ruling was announced. Oland's mother Connie,his wifeLisa and sister Jacqueline Walsh were holding hands, huggingand crying.

Oland, 48,who was sitting in the prisoner's box at the back ofthe courtroomwith a sheriff's deputy on either side of him, showed little reaction initially, but laterappeared to be fighting back tears andgrinning.

The father of two daughters, a son and a stepsonremains in custody, but he has "reacquired the presumption of innocence,"said Chief Justice Ernest Drapeau.A bail hearing has been scheduled for 11 a.m. AT Tuesday.

Oland was released on bail pending his first trial and abided by all of the court-imposed conditions.

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• Oland murder conviction appeal decision expected today

The Crowncould exercise its "prosecutorial discretion" andchoose not to retryOlandif a reasonable prospect of conviction no longer exists.

The Attorney General's office has declined to comment. "As the matter is going back in front of the court, it wouldn't be appropriate," spokeswoman Sheila Legac stated in an email to CBC News.

If a new trial does proceed, Drapeau said he expects it would be "considerably shorter" than Oland's trial last fall, which lasted about 50 days.

A trial would likely be heard by a judge and jury again, as stipulated by the Criminal Code for all homicide cases.

Oland could request to be tried by judge alone, but the Crown would have to consent, and its decision cannot be appealed. Similarly, the Crown could request a judge-alonetrial, but the defence would have to consent.

About 5,000 people were given summonsas prospective jurorsfor Oland'sfirst trial last fall, given the high-profile nature of the case and pre-trial publicity.

Reaction to Oland decision

8 years ago

Duration 1:55

The New Brunswick Court of Appeal has ordered a new trial in the second-degree murder conviction of Dennis Oland. What does Saint John think?

It wasone of the largest jury pools in New Brunswick history and larger thansome of the most high-profile cases across Canada,including Luka Magnotta, Robert Pickton and Paul Bernardo.

Oland'sfamily members, who have stood by him from the beginning, maintaining his innocence,did not offer any comments outside the courthouse Monday.

• the fifth estate: Murder in the Family

But his uncle Derek Oland, the executive chairman of Moosehead Breweries, who attendedthe hearing, issued a written statement.

"I amvery pleased the Supreme Court of New Brunswick has granted a retrial for my nephew, DennisOland," he said. "We continue to believe Dennis is innocent."

Oland's friend, Larry Cain, said only, "Good news. Good news. Really happy."

One of Oland's threedefence lawyers, Alan Gold, told reportersthey are pleased with the decision.

Gold, Gary Miller and James McConnellhad been seeking to have Oland acquitted, or a new trial ordered.

Asked whether Oland will seek leave toappeal the non-acquittal to the Supreme Court of Canada, Gold replied they will focus onpreparingfor Tuesday'sbail hearing.

Justice Marc Richard, the judge who denied Olandbail in February, saying "theconfidence of the public in the administration of justice would be undermined" if a convicted murderer were to be released pending appeal,will hear the matter.

The three-justice appeal panel dismissed the other grounds of appeal argued by the defence, but ruled the trial judge's instructions on Oland's post-offence conduct were "fundamentally flawed."

Olandtold police he was wearing a navy blazer when he visited his father at his Saint John investment firmoffice on July 6, 2011, the night police said the murder occurred.

The jurors might well have found [Oland]lied about the jacket he was wearing andin the closing moments of their deliberations distilled from that finding the clinching element for their verdict.- Ernest Drapeau, chief justice

Video surveillanceand witness testimony showedOlandwas actually wearing a brown sports jacket, which was later found to have four small bloodstains on it, and DNA extracted from three of those areasmatchedhis father's profile.

The Crown argued it was a "lie" intended to mislead police, but the defence maintained it was an "innocent mistake."

"Articulation of false alibis andlies can be easily exaggerated andtheir occurrence misapplied," said the chief justice, who read the unanimousdecision aloud in the packed courtroom.

There are legal rules to follow to safeguard against prejudicial impact on trial fairness,he said."Regrettably the trial judge [Justice John Walsh] did not apply this framework."

"The jurors might well have found {Oland] lied about the jackethe was wearing and in the closing moments of their deliberationsdistilled from that finding the clinching element for their verdictand weare therefore compelled to quash the conviction and order a new trial," said Drapeau.

Oland's previously scheduledbail appeal to theSupreme Court of Canada is expected to proceed on Oct. 31, said Gold.

The defence sought leave to appeal after the New Brunswick Court of Appeal twice denied Oland bail pending his conviction appeal.

Toronto lawyer Christopher Hicks previously told CBC News the case is an area of law the Supreme Court of Canada has never dealt withbefore bail pending appeal, and itwill want to set down some guidelines.

The body of Richard Oland, 69, was discovered lying face down in a pool of blood in his office on July 7, 2011. He had suffered 45 blunt and sharp-force injuriesto his head, neck and hands. No weapon was ever found.

His son, Dennis Oland, was the last known person to see him alive.

Oland has been in custody since Dec. 19, when a Saint John Court of Queen's Bench jury found him guilty of second-degree murder. He has beenserving a life sentence with no chance of parole for at least 10 years.

The other members of the appeal panel were Justice Margaret Larlee and Justice Kathleen Quigg.

• Oland's Supreme Court bail appeal expected to proceed

Oland appeal decision

8 years ago

Duration 1:40

Dennis Oland has been granted a new trial after the New Brunswick Court of Appeal overturned his second-degree murder conviction in the death of his father, Richard.